CC - Staff Report
TM Creek – MDA H-2016-0067 1
STAFF REPORT
HEARING DATE: June 28, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: TM Creek – MDA H-2016-0067
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, SCS Brighton, LLC, requests a modification to the existing development agreement (MDA)
(Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to
applying for building permits. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0067 as
presented in the staff report for the hearing date of June 28, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0067 as presented during
the hearing on June 28, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0054 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the northwest
¼ of Section 14, Township 3N., Range 1W.
B. Owner:
SCS Brighton, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as Owner
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
TM Creek – MDA H-2016-0067 2
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 6 and 20, 2016
C. Radius notices mailed to properties within 300 feet on: June 2, 2016
D. Applicant posted notice on site by: June 13, 2016
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped land that has been conceptually
approved for a mix of commercial uses.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Franklin Road and rural residential/agricultural land, zoned RUT in Ada County
West: S. Ten Mile Road and agricultural land, zoned RUT in Ada County
South: Agricultural land, zoned C-G
East: Agricultural land, zoned RUT in Ada County (R-40 zoning has been approved but has not yet
been finalized)
C. History of Previous Actions:
The annexation and zoning (AZ-13-015) and preliminary plat (PP-13-030) for TM Creek
Subdivision were approved by City Council on April 1, 2014.
The first phase final plat (FP-14-039) was approved by City Council on November 5, 2014.
A 2-year time extension to obtain the City Engineer’s signature on the first phase final plat was
approved by the Director on April 18, 2016 which extended the time in which the applicant could
obtain signature to April 1, 2018.
VII. ANALYSIS
The applicant requests a modification to the existing development agreement (MDA) (Instrument
#114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying
for building permits.
Preliminary plat condition of approval #2.2.9 in the Findings, attached to the Development Agreement
(DA) as Exhibit B, requires the final plat for this subdivision to be recorded prior to applying for
building permits. The applicant would like to obtain one (1) building permit within the area proposed to
be platted in Phase 2 prior to any final plats being recorded. This will facilitate an existing business in
Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to
the plat being recorded as currently required.
Because more than one building is allowed to be constructed on commercially zoned property,
subdivision of the property is not typically required in order to apply for building permits. However, in
this case, a preliminary plat condition of approval was included that required subdivision of the
property prior to applying for building permits.
TM Creek – MDA H-2016-0067 3
Staff supports the applicant’s request to obtain one (1) building permit as requested per the modification
to the DA in Exhibit A.2. Approval of a Certificate of Zoning Compliance and Design Review
application will be required for each building/site prior to application for building permits.
Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit
A.2.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Change to the Development Agreement
TM Creek – MDA H-2016-0067 4
Exhibit A.1: Vicinity/Zoning Map
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RUT R-40
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TM Creek – MDA H-2016-0067 5
Exhibit A.2: Proposed Changes to the Development Agreement
Page 2 of the Development Agreement:
1.7 WHEREAS, City Council, the 1st day of April, 2014, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been
incorporated into this Agreement and attached as Exhibit “B”; and
Condition #2.2.9 of the Findings attached to the Development Agreement as Exhibit B:
Street signs are to be in place, sanity sewer and water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway District and the
Final Plat(s) for this subdivision shall be recorded, prior to applying for building permits., provided
however, that one building permit is allowed prior to recordation of a final plat for the phase in which
it is located as approved with H-2016-0067.